The regularly scheduled meeting of the Millbury Planning Board was held on Monday, November 14, 2011 at 7:00 p.m. in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Paul Piktelis, Anna Lewandowski, Richard Gosselin, Jeffrey Markarian
Absent: Gary Schold
7:00 p.m. Alternate Member: Interview
The Board interviewed Michael L. Georges, Esquire for the position of Alternate Member. The Board unanimously agreed to recommend Mr. Georges to the position of Alternate Member. A joint meeting with the Board of Selectmen for appointment will be scheduled for November 22, 2011.
7:15 p.m. WS Development, Shoppes at Blackstone Valley – Al Rocco
Mr. Rocco was present to discuss the Board’s snow removal concerns. Target and Kohls are responsible for their own snow removal. The District Manager for Target was present and agreed to work with the Board on what point removal will be required, and where snow will be stored. No representative from Kohls was present.
The Board will continue this discussion on November 28, 2011.
7:30 p.m. 130 Westborough Street Stormwater Permit Public Hearing
Jeffrey Markarian read the public hearing notice. Mr. Markarian disclosed that his sister is a resident of the abutting condominium community, Pointe Rok.
Attorney Keavany commented that only 4 of the 5 Board members were present, and that one of the 4 has a sister who is an abutter. Chairman Gosselin stated that the missing Board member can view the tape of this meeting and would be eligible to vote. Attorney Keavany was concerned with the status of the members this evening and requested a recess so that he could discuss this with his clients. Town Planner Connors advised that this permit would require a majority vote of 3 members, not a super majority vote. Chairman Gosselin granted the request for a five minute recess.
Treeline Construction, cont.
Attorney Keavany advised the Board that the applicant has decided to proceed with the public hearing. Missing member Gary Schold will be requested to view the tape of this meeting.
Scott Charpentier, Lenard Engineering was present. He stated that tonight he received comments from Tighe & Bond, Town Planner Connors, correspondence from Steve Cope, resident at Pointe Rok, and will respond to them.
Mr. Charpentier reviewed the stormwater plan with the Board. Ms. Connors commented that the previous area to be used for truck parking was now designated a stockpile area. Mr. Chapentier said that if the applicant has trailers then a parking plan would be presented. Ms. Connors asked what would be stockpiled there, and he responded that there were pipe, steel and material stored there.
Ms. Connors asked where the vehicles would be kept. Mr. Charpentier stated that the existing staff has a parking area. Trucks for processing would not park, they would cue within the driveway . Ms. Connors commented that by avoiding the truck parking area, the plan appears to be designed so as to avoid site plan review. Mr. Charpentier stated that the applicant does not own the trucks that will be there, they will not have to be parked, they will cue while they wait.
Ms. Connors then asked about the processor and where it will be stored. Parking for the processor triggers site plan review. Mr. Charpentier said that processor is equipment, not a vehicle. Ms. Connors did not agree.
Attorney Keavany briefly explained the history of the application process and stated that this second submission has nothing to do with processing at the site, this application is only for stormwater. It does not violate the town’s bylaws, processing is allowed there by-right. It is not subject to site plan review.
Ms. Connors rebutted by saying that this application is for a processing component which is a major change to the existing site plan and stormwater permit for a construction yard, and is a major modification, only 8 months after completion of the construction yard.
Attorney Keavany stated that this site was approved for a construction yard years ago, the site plan was for three buildings and parking. Ms. Connors stated that the construction yard was operating illegally for many years, and the buildings were built without permits from the town. Mr. Keavany asked the Board to read the February 2008 special permit decision.
Chairman Gosselin opened the meeting to the public.
Worcester City Councilor Kate Toomey stated that she was not an abutter, but lives 5 blocks away. All summer long she has heard noise from this site. She asked if major storm events have been taken into consideration, there is a bathing beach across the street, she would like a foundation inspection of abutting homes, and if the town and this applicant are in litigation, why are they here? She has environmental concerns regarding silica dust that would come from this site, as this dust has been found to be a carcinogen. Truck traffic and the noise from the trucks as they are parked there waiting will also be created. She asked for sound level tests.
Dr. Thomas Houston, resident of Pointe Rok spoke about the poor road conditions on the way to the site, truck shakedown along the way, silica dust does cause cancer and he is also concerned with runoff, how can the Planning Board guarantee that there are acceptable levels within the runoff, where will it go and will it leach out? He added that there were three cases of pancreatic cancer in the area within the last 4 – 5 years.
Steve Cope, 77 Pointe Rok, asked where the oil residue comes from, recycled material runoff fills the retention ponds, and he believes that a processing plant is to come.
Worcester City Councilor, Paul Clancey, District 3, represents this neighborhood. He asked the applicant to apply for site plan review and to consider sensitivity to the abutting neighborhood.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to continue the public hearing to Monday, November 28, 2011 at 7:30 p.m. Motion carried unanimously.
Chairman Gosselin declared a five minute recess.
8:40 p.m. Accessory Dwelling Unit Bylaw Discussion
Edd Cote, Denis D’Amore and Mark Dyberg were present, for the purpose of discussing revisions to the existing Accessory Dwelling Unit Bylaw. A state model was handed out. The following concerns were identified: square footage of unit, whether within or detached, number of people, number of bedrooms, placement of doors (front or side, etc.). The Board scheduled a second meeting for November 28, 2011 at 8:30 p.m.
9:35 p.m. 32 Grafton Street, Windle Performance Guarantee Reduction
Chris Windle was present to discuss a revision to the sign which was approved as part of the special permit decision (instead of the reduction to the performance guarantee). He told the Board that he did not realize that he had to adhere to exactly what was on the plan and has already had a sign base designed and constructed. He asked if he could use his sign but meet the height requirements, lower the light intensity, soften with wood, place in a planter, and use a decorative top. The Board will address this at its next meeting on November 28, 2011 at 7:00 p.m. Mr. Windle was asked to come back with the options he would like the Board to consider.
Other Business:
- Brierly Pond II: Town Planner Connors advised that approximately one month’s work was completed, with no inspections, work included drainage and sewer lines. She presented two options: dig up all work and have it inspected, or spot check and test areas of work (DPW Director said this was ok with him).
Motion by Paul Piktelis, seconded by Anna Lewandowski, to require the developer to dig up all drainage and sewer lines that were installed without inspections, and have them inspected, motion carried unanimously.
Adjournment
Motion to adjourn by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 10:35 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
___________________________
___________________________
___________________________
___________________________
___________________________
| 
